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April 18th, 2005

SKAGIT COUNTY PROSECUTING ATTORNEY ANNOUNCES FILING OF AGGRAVATED FIRST DEGREE MURDER CHARGE AGAINST POTENTIAL THREE STRIKE OFFENDER

Skagit County Prosecuting Attorney Tom Seguine announced today that he is filing a charge of Aggravated Murder against Terrance Jon Irby, DOB 6/10/1958, related to the death of James T. Rock on March 8, 2005 in Hamilton, Washington. The case has been investigated by the Skagit County Sheriff's Department.

The Aggravated First Degree Murder charge is based on three so-called "aggravating factors". The first aggravating factor alleged is that Irby committed the crime to conceal his own identity while committing a separate crime. The second aggravating factor is that Irby committed the crime while engaged in a First Degree Burglary. The third aggravating factor alleged is that Irby committed the crime while engaged in Robbery in the First Degree.

The charging documents also indicate that Irby is likely eligible for treatment as a "three strikes" offender. Under the three strikes law Irby, if convicted of a third "three strikes offense" here, would serve the rest of his life behind bars.

The Aggravated First Degree Murder charge independently allows the State to pursue a sentence of either death or life in prison without the possibility of parole. Once the charges are filed and Irby is arraigned, the State has thirty days to declare whether it will seek the death penalty.

"With this investigation ongoing, no decision will be announced at the present time," Seguine said.

Irby is also charged with eight other felonies which are related to the murder charge, including two counts of burglary, one count of robbery, three counts of being a felon in possession of a firearm, and attempting to elude a police officer.

Skagit County Superior Court Judge Michael Rickert denied bail to Irby. Under Washington law, a person charged in a capital case is not entitled to bail.

Irby is incarcerated in the Skagit County Jail.

For further information, contact Tom Seguine, Skagit County Prosecuting Attorney, at 360-336-9460.

Charging document from Skagit County Prosecuting Attorney's office (Pdf)